Plumides, Romano, and Johnson, PC

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Criminal Defense FAQ

Criminal Defense FAQ

What do I do if Charged with Fraud and Embezzlement?

Generally considered white collar crimes, fraud and embezzlement are typically accomplished in secret, without the use of threats, violence or force. But once allegations surface, they can spell disaster for all areas of your life. Both fraud and embezzlement charges are serious theft offenses that can pose harsh consequences. Infused with the stigma of dishonesty and deception, these allegations can swiftly derail your career. What's more, you could end up facing jail time, a tarnished reputation and a felony record that follows you for the rest of your life. If you are under investigation or facing charges of fraud, embezzlement or related charges, you are at a critical juncture. Involving a defense attorney as soon as possible can help change the course of your case. You should always consult with a lawyer before speaking to the police, responding to the media or otherwise exposing yourself to criminal liability. What Are You Accused Of?
  • Forgery
  • Check fraud
  • Prescription fraud
  • Credit card fraud
  • Bank fraud
  • Identity fraud
  • Embezzlement (theft from your employer)

What are Considered White Collar Crimes?

Type of White Collar Crimes:
  • Larceny of property over or under $1,000
  • Embezzlement of company or other funds
  • Fraud charges such as check, bank or mortgage fraud
  • Money laundering in an employment setting or any other situation, including as part of a drug trafficking ring
  • Identity theft including credit cards, Social Security numbers, medical insurance

What do I need to know if Charged with Trafficking/Intent to Sell & Deliver?

If you have been arrested on suspicion of drug trafficking, you may be facing federal and state charges. The type and amount of the drugs involved are factors in determining the charges and penalties, even if you had no intention of selling or trafficking. Drug trafficking has severe penalties, so it is critical that you speak with a lawyer as soon as possible. Defendants risk being sent to prison for many years if they are convicted. You Could Face Years in Prison If Convicted In North Carolina, any person who sells, manufactures, delivers, transports or possesses certain amounts of a controlled substance may be charged with a felony. The quantity of each controlled substance involved determines the class of felony and the resulting penalties. Controlled substances may include:
  • Marijuana and synthetic cannabinoids
  • Methaqualone
  • Cocaine
  • Methamphetamine
  • Amphetamine
  • MDPV
  • Mephedrone
  • Opium or opiates
  • LSD
  • Methylenedioxyamphetamine (MDA)
Even if you possessed the drugs solely for personal use, prosecutors may still pursue trafficking charges. Penalties for conviction of trafficking charges can be especially harsh, even if you have no prior criminal record. We will work to reduce the charges or penalties as much as possible.

Can I Push Back Against Drug Charges?

Depending on your prior record and the amount of drugs you are charged with possessing, you could be facing state or federal charges and a multiyear prison sentence. What Type of Drug Charges Are You Facing?
  • Drug possession — A conviction for possessing illegal drugs carries significant consequences. We will defend you aggressively against the charges.
  • Drug trafficking — Prosecutors sometimes try to raise the ante by charging trafficking in a controlled substance.
  • Manufacture or sale
  • Prescription fraud
  • Drug treatment court — It may be possible to resolve the charges against you by agreeing to participate in treatment through a special drug court.
Illegal search and seizure is often a part of drug crimes defense. If law enforcement does not have probable cause to search you, your home or your vehicle, we may be able to argue for the suppression of evidence and the reduction or dismissal of the charges. When we investigate each case, we examine the police procedure to determine whether the police violated our clients' constitutional rights. Drug Possession People charged with drug possession are often casual users or suffering from drug addiction. Unfortunately, the justice system often treats them like any other criminal. If you or a loved one has been charged with possession, you need a tough criminal defense lawyer to protect your rights and get the help you need.

I have Repeat DWI/DUI Offenses – How Bad is it?

You or a loved one being charged with driving while impaired (DWI/DUI) in North Carolina is a serious matter, especially if it is not your first offense. You Could Be Charged with A Felony The penalties for DWI/DUI convictions can increase with each subsequent offense. Depending on the number of previous offenses, you could be charged with a felony. The information below is from the North Carolina Department of Public Safety website:
  • Level V — Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spends 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.
  • Level IV — Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge can suspend the sentence but upon completion that the driver spends 48 hours in jail, perform 48 hours of community service or not operate a vehicle for 60 days.
  • Level III — Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only upon completion that the driver spends at least 72 hours in jail, perform 72 hours of community service or not operate a vehicle for 90 days.
  • Level II — Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
  • Level I — Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
  • Level I and II — Drivers are repeat offenders, persons whose license are revoked, impaired drivers, impaired drivers who are transporting young children and impaired drivers who hurt someone in a crash. Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their driver's license restored at the end of the revocation period.
  • Felony DWI — For Habitual DWI offenders, drivers who have had three prior DWI convictions within the past seven years, DWI becomes a more severe felony. But more importantly, the Habitual DWI statute now mandates a minimum active jail term of one year — a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.

What is a DWI/DUI Ignition Interlock Device and is it Serious?

Getting arrested on suspicion of DUI/DWI can result in a wide range of consequences. Not only might you face prison time, hefty fines, and loss or suspension of your driver's license, but you could also be forced to install an ignition interlock device on your vehicle. Your driving privileges will be restricted so that you can legally only drive vehicles with functioning interlock devices. You will be responsible for all costs associated with installing and maintaining the ignition interlock device. Depending on your circumstances, you could be required to have an interlock device for up to seven years. Failing to install the device could result in further restriction, suspension or revocation of your driving privileges. How Do Interlocks Work? An ignition interlock device is essentially a portable Breathalyzer attached to your car. It works by requiring you to blow into it every time you start the car. If your blood alcohol content (BAC) exceeds the preset limit — which can range from .04 down to .00 — you will not be able to drive the car. Some devices will also conduct spontaneous "rolling tests," requiring you to blow into the device while the vehicle is underway. Blowing over the limit will cause the car's lights to blink and horn to honk until you pull over and turn the car off. Blowing over the limit into an interlock device will generate a report. The police or court may receive this report, which could result in heightened penalties on your driver's license or institution of a stayed sentence. Who Is Required to Install an Ignition Interlock? North Carolina law requires those convicted of certain DUI/DWI and related offenses to install ignition interlock devices. These include:
  • Repeat offenses
  • Offenses involving .15 blood alcohol content or higher
  • Manslaughter or negligent homicide involving DUI/DWI

What Should I do if I got a DWI/DUI?

North Carolina drunk driving laws are some of the toughest in the nation. Don't mess around — get an attorney who knows what he's doing so you can go to court prepared and ready to defend yourself. DWI/DUI penalties can be severe, including:
  • Mandatory 30-day revocation of your driver's license
    • If you have no prior convictions, we can help you petition for a limited driver's privilege, which would allow you to drive to work and back during the final 20 days of your mandatory 30-day revocation.
  • Up to three years in jail. Even first offenses may result in an active sentence.
  • Mandatory ignition interlock device for drivers convicted of having BAC level of .15 or above.
In addition, if any aggravating circumstances are involved such as prior DWI convictions, minor children in the car, accidents involving serious injuries and other factors, the penalty can skyrocket. Once convicted, the conviction stays on your record forever. A drunk driving conviction can never be removed from your record. Only a dismissal or a not-guilty verdict may be removed from your record by process of expungement. In North Carolina, you are entitled to expungement once in your lifetime. Many people who have been charged with DWI and had the charge dismissed or have been found not guilty choose to have their charge and arrest expunged. Our defense attorney can assist you with the expungement process so you can erase the public record of your embarrassing arrest and charge.

Is Reckless Driving Treated Like Just Another Traffic Violation?

In North Carolina, reckless driving is a misdemeanor, not a traffic violation. A conviction or guilty plea can include penalties such as:
  • A fine
  • A jail sentences
  • In some cases, depending on your record, the suspension of your driver's license
You will also have four points placed on your driving record for reckless driving. As a misdemeanor, a reckless driving conviction will affect both your criminal and driving records. Your auto insurance rates may also increase. Because of the serious nature of the penalties, it is best to work with a lawyer to handle reckless driving charges. Your License, Insurance Rates and Criminal Records Are at Stake North Carolina statute describes reckless driving as:
  • Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others
  • Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property
Do I Need a Lawyer for a Speeding Ticket? Paying a traffic ticket is often the equivalent of pleading guilty. We recommend that you do not do either without speaking to an attorney. You may not understand the potential consequences for your driving record and auto insurance rates if you pay the ticket and get points on your driver's license. Fighting the ticket may protect your license and keep your insurance premiums from rising. Speeding Ticket Points Can Add Up Quickly · You Can Lose Your License We represent residents and people from other states who were ticketed in North Carolina. We have experience with tickets for violations such as:
  • Driving 10 and 20 mph or more over the speed limit
  • Speeding in excess of 55 mph
  • Driving 80 mph or more in a 70-mph zone
  • Speeding in school and work zones
Points will be added to your driving record for each offense. The accumulation of:
  • 12 points on your license in three years may cause your license to be suspended.
  • Eight points within three years following the reinstatement of your license can result in a second suspension.
  • Two speeding tickets in excess of 55 within 12 months can lead to your license being suspended.
In addition to a license suspension, speeding ticket points can increase your auto insurance rates. Each ticket can affect your insurance rates differently, but you can be sure that your rates will eventually rise if you accumulate too many tickets.

Can a Traffic Violation Result in My License Being Suspended or Revoked?

In addition to criminal penalties that the court might mandate, conviction of certain traffic offenses will result in the loss of your driving privileges. See the North Carolina DMV chart below for information about the length of the license suspension you may face.
Offense Suspension Time
Driving while impaired (first offense) 1 year
Driving while impaired (second offense) 4 years
Driving while impaired (third offense) Permanent
Felony death by vehicle Permanent
Misdemeanor death by vehicle 1 year
Speeding in excess of 55 mph, at least 15 mph over legal limit 30 days
Speeding in excess of 55 mph, at least 15 mph over legal limit (second offense) 60 days
Speeding in excess of 55 mph, at least 15 mph over legal limit while attempting to avoid arrest 1 year
Willful racing with another motor vehicle 3 years (vehicle seized)
Watching, betting on or loaning a car for prearranged racing 3 years (vehicle seized)
Willful refusal to submit to a blood or breath test 1 year
Speeding plus reckless driving (same incident) 60 days
Two charges of reckless driving committed within 12 months 1 year
Getting a license or learner permit under false pretense 1 year
Additional Grounds for License Suspensions
  • Two convictions of speeding over 55 mph within a 12-month period
  • One conviction of speeding over 55 mph and one conviction of reckless driving within a 12-month period
  • A suspended court sentence or part of a sentence mandating that you must not operate a motor vehicle for a specified period of time
  • A conviction for speeding over 75 mph

How Many Insurance Points do I get for My Traffic Violations?

Your auto insurance rates may increase if you are convicted of traffic violations or DWI. A comprehensive chart from the North Carolina Department of Insurance showing the number of insurance points you may receive is given below.

Violation

Points

Passing a stopped school bus

5

Aggressive driving

5

Reckless driving

4

Hit-and-run, property damage only

4

Following too closely

4

Driving on wrong side of road

4

Illegal passing

4

Failure to yield right of way to pedestrian pursuant to G.S. 20-158 (b) (2) b.

4

Failure to yield right of way to bicycle, motor scooter or motorcycle

4

Running through stop sign

3

Speeding in excess of 55 mph

3

Failure to yield right of way

3

Running through red light

3

No driver license or license expired more than one year

3

Failure to stop for siren

3

Driving through safety zone

3

No liability insurance

3

Failure to report accident where such report is required

3

Speeding in a school zone in excess of the posted school zone speed limit

3

Failure to properly restrain a child in a restraint or seat belt

2

All other moving violations

2

Littering pursuant to G.S. 14-399 when littering involves the use of a motor vehicle

1

I Received a Traffic Violation While Driving with A Suspended or Revoked License. Now What?

Losing your driver's license is a serious matter. If you are pulled over while driving with a suspended or revoked license (DWLR), the consequences are far worse. DWLR can be a Class 1 misdemeanor, depending on your record. It can include penalties of up to 120 days in jail and an additional license suspension. One of the first steps in DWLR defense is to take care of the underlying reason for the suspension. In North Carolina, a license can be suspended or revoked for criminal offenses and traffic violations, including:
  • DWI/DUI
  • Breathalyzer refusal
  • Reckless driving
  • Twelve points on your license within a three-year period
  • Two convictions within 12 months for speeding over 55 mph
  • Failure to appear for a court date
  • Failure to pay a ticket or fines
In addition, you can lose your license for administrative reasons such as an auto insurance lapse or failure to pay child support. The length of the suspension depends on the reason for the suspension. The following are a few examples. Please see the North Carolina DMV points and suspension charts for more information.
  • Accumulating as many as 12 points within a three-year period may cause your license to be suspended for 60 days
  • Accumulating eight points within the following three years will result in a suspension of six months
  • Suspensions for DWI/DUI or Breathalyzer refusal may be up to a year or longer
  • Suspensions of up to a year for speeding in excess of 75 mph
  • Suspensions of up to 60 days for two tickets for speeding in excess of 55 mph and more than 15 mph above the limit
DMV License Revocation Hearings In some cases, people are eligible for limited driving privileges, which will allow them to drive in a restricted geographic area between specified hours. However, permanent revocations and second and third DWI convictions may require hearings to reinstate the license. If your driver's license was revoked, you may have the right to a hearing in the judicial district where you live. You can apply for a hearing after the specified period of time has passed, i.e., three years.

How Do I determine the Length is My Driver’s License Suspension?

If your driver's license is suspended by the point system, it may be taken for:
  • 60 days for the first suspension
  • 6 months for the second suspension
  • 12 months for the third suspension

How Many Driver’s License Points are Possible for My Traffic Violation?

According to the North Carolina DMV, driver's license points are given for the following offenses:

Violation

Points

Passing a stopped school bus

5

Aggressive driving

5

Reckless driving

4

Hit-and-run, property damage only

4

Following too closely

4

Driving on wrong side of road

4

Illegal passing

4

Failure to yield right of way to pedestrian pursuant to G.S. 20-158 (b) (2) b.

4

Failure to yield right of way to bicycle, motor scooter or motorcycle

4

Running through stop sign

3

Speeding in excess of 55 mph

3

Failure to yield right of way

3

Running through red light

3

No driver license or license expired more than one year

3

Failure to stop for siren

3

Driving through safety zone

3

No liability insurance

3

Failure to report accident where such report is required

3

Speeding in a school zone in excess of the posted school zone speed limit

3

Failure to properly restrain a child in a restraint or seat belt

2

All other moving violations

2

Littering pursuant to G.S. 14-399 when littering involves the use of a motor vehicle

1

Do I Need a Lawyer for a Traffic Violation?

Traffic tickets. Pesky? Yes. Costly? Potentially. Whether it's a speeding ticket, reckless driving, a citation for driving after revocation or another offense, a simple traffic violation can result in a stiff fine, suspension or revocation of your driving privileges, even jail time and sizeable increases in your auto insurance rates. Speeding tickets, in many cases, can be handled without you ever having to go to court. Your first appearance in court can often take three hours or more only to result in having to come back to court again. After speaking with one of our associates, you may simply fax or email us your ticket and we'll handle the rest. North Carolina speeding law is strict and if your violation is 15 mph over the limit of 55, or 10 mph over the limit of 70, you could lose your license. Bottom line: Getting help from a North Carolina traffic court attorney is a smart idea. In addition to speeding, there are other traffic violations that can have serious implications:
  • Running a stop sign, running a red light, failure to stop for school bus
  • Driving while license revoked or suspended
  • Reckless driving, careless driving, aggressive driving
  • DWI/DUI, open container of alcohol

What are My Options if Charged with Robbery & Burglary?

Any level of burglary or robbery charge can expose you to severe consequences. You could end up facing lengthy jail time, a ban on your ability to own or carry a firearm and other loss of liberties — not to mention the harsh ripple effect of a felony record on other areas of your life. Given what's at stake, you should not take these charges lightly. Robbery and burglary are serious types of property crimes. They are often charged as felonies. Robbery is considered a violent theft crime because it involves force or threats of force. Burglary involves unlawfully entering the property of another with the intent to commit a felony. North Carolina law imposes weighty consequences for different types of offenses. These include:
  • Armed robbery, which involves a firearm, knife or another dangerous weapon
  • Common law robbery, which involves the use of force or threats
  • First-degree burglary, which involves unlawfully entering a residence when someone is at home
  • Second-degree burglary, which involves unlawfully entering a residence when nobody is home
  • Breaking and entering, which involves unlawfully entering a property that is not a home or dwelling
Burglary offenses do not require actual breaking of locks or windows. You can be charged with burglary or breaking and entering even if you entered through an unlocked door.

I Have Been Charged with Shoplifting; Do I need a Lawyer?

Shoplifting, unlawful concealment and other types of larceny are more serious crimes than many people realize. Even nonviolent theft crimes can have harsh penalties. Additionally, a conviction for any crime can negatively affect your opportunities in the future. Employers may be especially reluctant to hire someone with a theft crime conviction on his or her record. The penalties for larceny will vary depending on the value of stolen goods, the manner in which they were stolen and the defendant's prior record. Theft of goods valued at more than $1,000 is typically a Class H felony. Theft of goods valued at or less than $1,000 is typically a misdemeanor offense. We can examine your case to determine whether the charges are appropriate. Larceny from a merchant is a Class H felony if the stolen goods have a value of more than $200 and the person used an exit door meant to deter theft and that has a notice providing information about the felony. Shoplifting or unlawful concealment of merchandise is a common offense for adults and juveniles. You can be charged with concealment if you are caught with merchandise while still in the store. Concealment is usually a misdemeanor. If you are charged with a fourth larceny offense, you may be charged with habitual larceny (a felony), regardless of the dollar amount of the goods stolen. In these cases, you can be sentenced to Class H felony penalties if convicted of habitual larceny (as a status offender), even if you were charged with misdemeanor larceny offenses.

How Serious are Theft Charges?

From shoplifting and unlawful concealment to fraud and armed robbery, theft crimes have more serious consequences than most people realize. One conviction for larceny can have a negative effect on a person's future. A burglary or robbery conviction can send a person to prison for many years. Felony and Misdemeanor Theft
  • Felony Theft – Theft of goods valued at more than $1,000.
  • Misdemeanor Theft - Theft of goods valued at or less than $1,000.
Penalties for nonviolent theft crimes charged as Class H felonies generally range from four to eight months in jail if you have no prior criminal record. Violent theft crimes such as burglary and robbery may have more serious penalties, including longer jail or prison sentences.

What Type of Charges Will Result in my Name Going on The North Carolina Sex Offender Registry?

Some of the sex charges that could potentially require you to become a registered sex offender (usually for 10 years or more and in many instances 30 years or life) include:
  • Rape, including first degree, second degree and child rape
  • Attempted rape and statutory rape
  • Sexual assault and sexual battery
  • Human trafficking as well as sexual exploitation of a minor
  • Solicitation of a minor and child pornography charges
  • Getting Off the Sex Offender Registry
If you are already on the sex offender registry, there is the possibility of getting off of this humiliating public record. However, it must have been 10 years, and you must petition the court. This must be done by a very skilled attorney for two important reasons. One, getting off of this registry is a very complex and difficult process. Two, if you are denied by the court then you must wait an entire year before trying again.

Is there a way to Protect Against having to Register with the Sex Offender Registration Program?

Being charged with a sex offense in the state of North Carolina is very serious, not just because of the potential criminal penalties, such as jail time and fines, but being on the North Carolina Sex Offender Registration Program. This is more commonly known as being a registered sex offender. What this means is if you are convicted of certain sex offenses, you will be required to register with this program. No matter where you go, the public will have access to information about you. This includes your name, offense, address and more. As this is public record: Anyone can access this, including potential employers.

Can I Challenge the Charges of Indecency with A Child?

As a sex offense against minors, the charge of taking indecent liberties with a child is a Class F felony for adult offenders in North Carolina. A conviction can lead to up to 59 months in prison and mandatory registration as a sex offender. Prosecutors often use the charge of indecent liberties as a catchall when the evidence falls short to support charges of sexual assault, statutory rape or sexual exploitation. It also covers allegations of enticing a minor online. All charges involving sex crimes carry an additional layer of complexity. The presumption of "innocent until proven guilty" loses sway in the public eye when allegations of crimes against children surface. The charge of indecent liberties is no different. Once charges are publicly filed, the effect on your reputation can be just as damaging as with other types of sex crimes. The fallout is particularly damaging for teachers, pastors, caregivers and others who routinely work with children or hold authoritative positions. The social stigma surrounding these offenses can cloud the facts and issues, making it difficult to obtain a fair and objective outcome.

What happens if I have been Charged with Possession of Illegal Pornography?

Pornography is illegal when it is obscene or involves minors. Federal and state laws prohibit the possession, manufacture or distribution of child pornography. Convictions for these offenses are quite serious and can result in significant fines, prison sentences and being required to register as a sex offender. Your reputation is on the line after being accused of possessing or distributing pornography involving minors or obscene pornography. You can face illegal pornography possession charges for a variety of offenses that involve photos, videos or computer-generated images of minors (under the age of 18) engaging in sexually explicit behavior. Many pornography charges stem from using the internet and crossing state lines. You may be prosecuted under federal or state law, or both in some cases, if you allegedly possessed, manufactured or distributed pornography involving minors or if it is considered obscene. Convictions Under Federal Law Federal charges can result in much harsher penalties if you are convicted. First-time offenders convicted of possessing child pornography may face up to 10 years in prison involving victims older than 12 or up to 20 years to victims younger than 12. First-time offenders can face the serious penalties for the following offenses:
  • Production of child porn — 15-year minimum to 30-year maximum sentence and fines
  • Distribution of child porn or possession with the intent to distribute — five-year minimum to 20-year maximum sentence and fines
Prosecutors do not take these cases lightly. Neither should you. Our lawyers have experience defending against charges of possession or distribution of illegal pornography under North Carolina law or federal law.

I have been charged with a Sex Crime. What steps should I take?

Sex crimes are more likely to go to trial than many nonviolent offenses. If you are convicted of a sex crime, you will be subject to harsh penalties. You may be given a jail or prison sentence, and you will likely be required to register as a sex offender on North Carolina and national registries. As a registered sex offender, you will find it difficult to get jobs and housing or maintain a relationship with your family. State and federal sex crime cases include:
  • Indecent liberties
  • Rape and date rape, including first-, second- and third-degree rape
  • Solicitation and prostitution
  • Indecent exposure
  • Sex offender registry
Cases involving minors or the internet can be especially serious. If you are charged with a sex crime involving a minor and/or the use of the internet, you need a lawyer who can handle federal crimes. The public often assumes that people charged with sex crimes are guilty. We understand that being charged with a sex offense can be embarrassing and can permanently damage your reputation. We handle all cases with discretion, and you can be sure that every conversation is confidential.

What is a Criminal Misdemeanor and is it Serious?

In North Carolina, you could end up doing jail time, paying huge fines, being put on probation for an extended period of time and more if convicted for what you may think are simple misdemeanor offenses. Many criminal convictions can never be removed or expunged from your record and will remain on it for life. Types of misdemeanor charges include:
  • Misdemeanor traffic offenses
  • Shoplifting and other minor theft offenses
  • Misdemeanor offenses involving alcohol or drugs
  • Underage drinking
  • Simple assault or battery
  • Hazing
  • Trespassing

I have been Charged with Manslaughter. What do I do?

The taking of a human life is always a serious crime, even when it is not premeditated. People who are charged with manslaughter are facing a prison sentence if they are convicted. It is critical that you speak with a lawyer immediately if you have been charged with manslaughter. North Carolina law defines manslaughter as a killing that occurred in the heat of passion or in response to provocation. It is not a planned or premeditated crime. Manslaughter is a Class D felony with penalties that may include a minimum of 51 to 64 months in prison. Each case is unique, however. If you are convicted, your sentence will depend on the specifics of your case, including any mitigating factors or any prior criminal record you may have. Types of manslaughter charges include:
  • Vehicular manslaughter
  • Voluntary manslaughter
  • Gross negligence manslaughter

What do I do when a Minor Child Faces Criminal Charges?

When a minor child has been charged with a crime, there is so much at stake. An entire future is on the line as a criminal record seriously hampers educational and career opportunities. If your child is facing a criminal charge in North Carolina area it is imperative that you seek seasoned juvenile criminal defense. Taking the proper legal action to protect your child is the best thing you can do at this point. The juvenile court system in North Carolina has dual purposes.
  • Hand down appropriate criminal punishments to juvenile delinquents (serving probation or time in a juvenile facility).
  • Rehabilitate —-the hope being that these juveniles will not turn into adult criminals. This can be achieved through the court assigning guardian ad litem to continue to watch out for a child's best interests. However, only a criminal defense attorney can defend a child in juvenile court.
Juvenile criminal charges can include:
  • Underaged drinking
  • Reckless driving
  • DUI
  • Drug crimes such as marijuana possession
  • Prescription drug crimes
  • Theft crimes such as shoplifting
  • Sex crimes
  • Violent crimes and other serious felonies

What is a Restraining Order and What if one is Filed Against Me?

In North Carolina, domestic violence is something that occurs between people in a relationship or people who formerly had a relationship. It can include threats, stalking, physical violence and sexual violence. Law enforcement takes allegations of domestic abuse very seriously. They may arrest suspects and the prosecutor may pursue charges even if the alleged victims withdraw their allegations. If a domestic violence protective order/50B has been taken out against you, make sure you understand your rights and the consequences of violating the order. Only you can criminally violate the order. Protective order violations penalties may include:
  • Jail time
  • Community service
  • A fine
  • Possible immigration status problems
A 50B restraining order can require you to move out of your home, pay temporary spousal and/or child support, and stay away from the alleged victims, their work and school.

What is the Best Way to Respond to Domestic Assault Allegations?

Too many people fail to realize that domestic violence cases can be very serious. Even if the alleged victim decides not to pursue the charges, that does not necessarily mean the charges will be dropped. The state may decide to pursue the case. If convicted of domestic violence, you may be sentenced to time in jail. If you violate a civil 50B domestic violence restraining order, you may serve jail time. Additionally, if you have been falsely accused of domestic violence by the opposing party in a family law, divorce or child custody case, you will need an attorney to work to clear you of the charges, which can involve criminal court and family court.

I am an Immigrant – Am I At Risk for Deportation?

For immigrants, the repercussions of criminal offenses extend beyond just jail time, loss of liberties and other criminal penalties. Some crimes can also impact your immigration status. Both temporary visa holders and green card holders (lawful permanent residents) can lose their ability to live in, work in or visit the United States — sometimes permanently — as a result of certain arrests or convictions. If you are facing criminal charges and you are not a U.S. citizen, it is critical to seek professional legal guidance regarding the potential immigration consequences. Understanding the immigration aspects of your situation can drastically alter your defense strategy. For example, pleading guilty to certain offenses may result in probation instead of jail time, but that does you no good if it will land you in deportation proceedings. Many types of criminal offenses raise immigration status questions and issues, including:
  • Drug crimes
  • Certain aggravated DUIs
  • Domestic violence
  • Sex crimes
  • Serious theft offenses
Much depends on the circumstances of your case, which is why discussing your situation with an attorney is so important.

How Serious are Assault Charges?

It is a mistake not to take assault charges seriously. A conviction for any assault charge can have long-term effects on your future job opportunities, ability to get housing and your relationship with your family. Depending on the details of the offense, you can be charged with a misdemeanor or felony. In North Carolina, a Class 2 misdemeanor simple assault conviction has a maximum sentence of 60 days in jail and a $1,000 fine. The penalties are more severe for assault on a law enforcement officer and assault inflicting serious injury. Assault with a deadly weapon with intent to kill is a Class C felony with a minimum prison sentence of up to 44 months if you have no prior record.

What Can I Expect as You Prepare My Case?

We take an aggressive, strategic approach to criminal defense. We begin with the idea that each case is going to trial. By preparing cases for trial, we work through each detail upfront. This allows us to prepare motions and pretrial work early so we can use it to negotiate with the prosecution. In some cases, the pretrial work reveals information that allows us to argue for the reduction or dismissal of the charges. If appropriate to the case, we work with experts in areas such as forensic evidence, DNA, fingerprints, computer forensics and psychiatry.

What our clients are saying

Mr. Romano is an amazing family law attorney.  He has been my attorney for over 5 years and I have never been disappointed.  His experience and expertise in Family law, in my opinion, supersedes all others in the field.  Mr. Romano and his team are very knowledgeable, thorough, professional, and personable. I highly recommend Mr. Romano and his team without reservations. If you're in need of a Family law attorney, Mr. Romano is your guy!
-Ivette C
You never know all the questions you should ask so it was a blessing that they listened and provided plenty of recommendations as well as assisted with claim, deeds etc. They know what to expect and provided a service without being pushy and will go at a pace you want and explain the laws so that you can understand all the legal speak.
-Paul S

CONTACT US

You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that.

To schedule a consultation, please call our office in Charlotte at 704-333-9900, or contact us online. Plumides, Romano & Johnson

2115 Rexford Road, Suite 320 Charlotte NC 28211
704-333-9900
704-358-0536

 

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Plumides, Romano & Johnson, PC

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704-333-9900
CONTACT US
2115 Rexford Road, Suite 320 Charlotte NC 28211

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